REID AND HELLER CLASH OVER ONLINE POKER BILL — Nevada’s senators, Harry Reid and Dean Heller, have had a falling out over an online poker bill — after months of working together to try to get one passed — spelling trouble for the measure. On Monday, Heller sent Reid a letter saying he wouldn’t be able to guarantee the necessary GOP votes until a bill passes the House. Sen. Jon Kyl, who has been working with Reid and Heller, sided with Heller, saying that is “the approach we all discussed, for the House to deal with it first.” But Reid spokeswoman Kristen Orthman told Steve Friess, “That is a bald-faced lie. Steve also heard from the majority leader himself: “I guess [Heller’s] looking at Paul Ryan’s marathon time,” Reid said. Steve’s full story for Pros is here: http://politico.pro/NnIPnS

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MARKEY TO INTRODUCE BILL ON MOBILE DEVICE PRIVACY — Rep. Ed Markey today will introduce his Mobile Device Privacy Act, a spokeswoman told MT. Markey first discussed a bill in the wake of the Carrier IQ story, pointing out that consumers have no idea that their mobile devices are transmitting personal information. The legislation would require agreements on information transmission to be filed at the FTC and FCC, which must have an enforcement regime, Markey’s spokeswoman said. Under the bill, consumers would have to be informed of monitoring software when they buy a mobile phone; if the carrier, manufacturer or operating system later installs monitoring software; and if a consumer downloads an app that contains monitoring software.

UDALL STILL WORRIED ABOUT ELECTRONIC SURVEILLANCE — The House is scheduled to vote on a reauthorization of expiring provisions in a 2008 electronic surveillance law today, and the bill is likely to pass. But there’s more of a roadblock looming in the Senate, where Mark Udall and Ron Wyden are among lawmakers worried about the possibility that Americans’ communications have been reviewed without a warrant. Wyden put a hold on a Senate reauthorization bill. On Tuesday, Udall said in a statement he’s not satisfied with the response from Director of National Intelligence James Clapper to questions about whether Americans have been surveilled. "The DNI’s response is inadequate and does not sufficiently address my concerns regarding the possibility of unauthorized surveillance of Americans,” Udall said in a statement.

Good Wednesday morning and welcome to Morning Tech, where of all the things to get banned on Facebook, The New Yorker has to be one of the strangest. The magazine was briefly banned from the social networking site on Monday for posting a cartoon that violated Facebook's "Nudity and Sex" community standards. The cartoon: Adam and Eve sitting against an apple tree, with Eve saying, “Well, it was original.” Ars Technica has more: http://bit.ly/QFMLCr.

** A message from Huawei: We've put $230 million into innovation in the U.S. and bought $30 billion from U.S. suppliers. And that's just the beginning. **

GOOGLE OPPONENTS QUESTION FTC NOMINEE’S TIES — David Saleh Rauf has the story: “FTC nominee Joshua Wright has worked for a pair of organizations that receive money from Google — and those relationships have stoked concerns among tech companies pushing the commission to sue the search giant for alleged antitrust violations. Wright, a George Mason University School of Law professor and a rising star in the antitrust community, is a member of two D.C.-based think tanks that have either publicly trashed the FTC’s ongoing probe of Google or defended the company’s position in the search market.” More for Pros, ICYMI: http://politico.pro/QElPAS

-- WHAT ABOUT HIS POLITICS? Wright may be drawing lots of attention for his alleged ties to Google, but the Republican hasn’t been very active when it comes to political giving. According to FEC records, Wright has made one donation this cycle — $2,500 to the Romney campaign back in February. http://bit.ly/THCiHe

HOUSE PANEL FOCUSES ON EMP ATTACKS — The cyber panel led by Rep. Dan Lungren holds a hearing today at 10 a.m. on the threat of an electromagnetic pulse attack. As Lungren sees it, an EMP could cause the same kind of damage to infrastructure as did the massive storms that hit D.C. earlier this year.

Said Lungren in a statement: "This derecho provides a glimpse of the destruction that could be unleashed by an electromagnetic pulse attack where our digitally-dependent economy and military would be severely degraded. As America’s digital dependence grows, our vulnerability increases to the EMP threat. Our hearing will examine the consequences of an EMP attack and whether we’re adequately protecting our critical infrastructure from this growing vulnerability.” More, including the three-panel witness list: http://1.usa.gov/OyEHOY

BILIRAKIS LOOKS AT RESILIENT COMMUNICATIONS — The 911 outages after the derecho have also prompted the Homeland Security Subcommittee on Emergency Preparedness, Response, and Communications, chaired by Rep. Gus Bilirakis, to hold a hearing on “Resilient Communications: Current Challenges and Future Advancements.” Witnesses include FCC Public Safety and Homeland Security Bureau Chief David Turetsky; Bobbie Stempfley, deputy assistant secretary at DHS’s Office of Cybersecurity and Communications; Verizon’s Kyle Malady; National Emergency Number Association’s Trey Forgety; APCO International President Terry Hall; and Chris McIntosh, the interoperability coordinator at Virginia’s Office of Veterans Affairs and Homeland Security. http://1.usa.gov/Pf1qPT

HOUSE JUDICIARY COULD WADE INTO NET NEUTRALITY — The House Judiciary Committee is hitting the gas pedal on chamber politics with a hearing tomorrow titled "The Obama administration's abuse of power." And in background materials circulated to folks ahead of the 10 a.m. session, the panel has suggested net neutrality is one of the items on its list. As the committee dings the White House for "repeatedly making regulations for which it lacks authority," it points to the FCC as doing precisely that with an open Internet order, even though "Congress had never granted it the authority to regulate the Internet."

MORE FROM KYL ON CYBER — Sen. Jon Kyl told POLITICO yesterday he's now pessimistic about a cybersecurity bill this week, backtracking from comments made two weeks ago at the RNC in Tampa. "I was hoping," he said Tuesday. "I don't know whether the Democrats have pulled the plug on it, but there doesn't seem to be the same enthusiasm as there was before. Whether that's because they want the administration to do something, I don't know."

Last week, the Obama administration leaked that it’s drafting an executive order for the president on cyber. "The administration doesn't have the authority to do all the things that need to be done, for example to give liability protection," Kyl said. "We really ought to keep working on it and then do it whenever we can even if it's not until the lame-duck session."

WOODWARD ON VERIZON’S SEIDENBERG — Bob Woodward's new book, “The Price of Politics,” contains a section about former Verizon CEO Ivan Seidenberg, on the deterioration of his relationship with the Obama White House and how he came to agree to do a fundraiser at the request of then-House Minority Leader John Boehner. It includes an account of Seidenberg's meeting with White House Senior Advisor Valerie Jarrett on June 30, 2010, about a report on policy and economic growth that two business groups had submitted to the White House at the suggestion of then-OMB Director Peter Orszag.

"Jarrett was furious," Woodward wrote. "'This is total bullshit,' she said, carpet-bombing the White House with a 47-page inventory of complaints without singling out what was really important. This was unfair, done without warning, not in the spirit of collaboration.

"Seidenberg was astonished at the reaction. After all, Orszag had asked them to be specific."

AN ALL-STAR CAST FOR THE WEST COAST PREMIER OF PCAST — FCC Chairman Julius Genachowski, Google Executive Chairman Eric Schmidt and Mark Gorenberg, managing director of Hummer Winblad Venture Partners, today headline an event at Stanford University titled “Unlocking the Innovation in Spectrum Opportunities. The event is billed as a “special presentation” of the controversial report by the President’s Counsel of Advisors on Science and Technology on ways to manage government-held airwaves. The report’s topline urged a major policy shift to sharing the frequencies instead of auctioning them off to single bidder. http://bit.ly/S8UsvN

NEW E-COMMERCE ADVOCACY GROUP LAUNCHES TO PUSH BACK ON ONLINE SALES TAX LEGISLATION — Today, the WE R HERE Coalition, a group of nearly 1,000 online small businesses, will formally launch during a Google Hangout On Air at 1 p.m. Headed by Phil Bond, former president of TechAmerica and former Commerce undersecretary, the group plans to highlight issues that affect small online businesses in order to “protect them from misguided and predatory laws and regulations that could kill jobs and undermine innovation,” according to a release. For now, WE R HERE (an acronym for Web Enabled Retailers Helping Expand Retail Employment) aims to counter retail trade groups’ push for federal online sales tax legislation. For more information: http://bit.ly/OV7eB8

ICYMI: GROUPS SUPPORT AT&T’S FEC REQUEST REGARDING DONATIONS VIA TEXT — From our colleagues at POLITICO Influence: “After joining with other government reform groups in sending a letter last week to the CEOs of five major wireless carriers, Public Citizen and Public Campaign wrote a letter Monday to the FEC in support of AT&T’s advisory opinion regarding fees for campaign contributions via text. The letter urges the FEC to treat texts for campaign contributions differently from texts sent for commercial services. Political consulting firm Armour Media also wrote a letter to the FEC on the same issue, asking the commission to “set unique and low fees for the new political contribution programs, in the manner that AT&T sets forth on its present request.”

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SPEED READ

ANTICIPATION BUILDS UP FOR APPLE’S NEW IPHONE: And whether Apple will satisfy consumers’ high expectations is hard to tell, as are the consequences if it doesn't, The Wall Street Journal reports: http://on.wsj.com/Q1dt3A

AMAZON, FORCED TO COLLECT A TAX, IS ADDING ROOTS: Amazon is building giant shipping centers across the country in hopes that shorter shipping times will give the company a competitive edge, The New York Times reports: http://nyti.ms/U75pzu

HOLLYWOOD EYES THE CLOUD: Major studios are signing up with M-Go, a cloud/locker app service that will let users purchase movies and watch them wherever they’d like. But do consumers want to buy movies? From AllThingsD: http://dthin.gs/RR1Ek9

APPLE SAID TO LOSE CHEYER, CO-CREATOR OF SIRI: Adam Cheyer’s departure is at least the second among Siri’s founding team since Apple bought the company in April 2010, Bloomberg reports: http://bloom.bg/OohuDz

REPORTER INFILTRATED FOXCONN TO SEE HOW THEY MADE THE IPHONE 5: A reporter from the Shanghai Evening Post pretended to be a new worker at the Foxconn factory in China to get an insider's look at the new iPhone 5, Gizmodo reports: http://bit.ly/QNpDfC

Authors:

About The Author

Jess Kamen is a technology reporter for POLITICO Pro and the author of Morning Tech. She was a Web producer for Pro for more than a year, and previously worked as a freelance writer for The Philadelphia Inquirer.

Kamen has a bachelor's in political science from Johns Hopkins University and has toured the U.S. several times as the lead singer and guitarist in a punk-rock band.